Chevron and Agency Norm-Entrepreneurship

Kevin S. Schwartz, Yale Law School
William N. Eskridge Jr., Yale Law School


If Congress has delegated lawmaking authority to an agency and has not specifically addressed an issue covered by the statute, the Supreme Court's Chevron doctrine requires judges to defer to reasonable agency interpretations Justice Scalia maintains that deference is grounded, at least in part, in the executive branch's own lawmaking authority; hence, judges should defer to virtually all agency interpretations not inconsistent with statutory plain meaning. This Symposium reveals that Scalia's reading is gathering academic support. Yet the Court continues to reject his understanding of Chevron, as illustrated by the recent decision of Gonzales v. Oregon.